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Contributory Negligence in Illinois

Illinois law allows an injured party to recover for damages if someone else was at fault. For example, if you are rear ended while at a stop sign, you can bring a claim or lawsuit against the party who struck you. In that scenario, you are entitled to recover for compensatory damages and non-economic damages. Compensatory damages consist of your actual out of pocket expenses, past, present, and future medical expenses, and lost wages. Non-economic damages generally consist of pain and suffering, disability and/or loss of a normal life.

If you are completely blameless you are entitled to 100% of your losses or damages. But if you somehow contributed to the collision, then a judge or jury would apportion fault which affects the amount you are entitled to. If you were rear ended, but are found to be 40% at fault, your total damages are reduced by that amount. But if you are found to be more than 50% at fault, then your recovery would be zero. It is important that you hire experienced lawyers to help build as strong a case as possible against the defendant.

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